Atelier One Pty Ltd v City of Ryde Council [2016] NSWLEC 1446

Land and Environment Court New South Wales

Medium Neutral Citation: Atelier One Pty Ltd v City of Ryde Council [2016] NSWLEC 1446 Hearing dates: Conciliation conference on 6 September 2016 Date of orders: 06 September 2016 Decision date: 06 September 2016 Jurisdiction: Class 1 Before: Hussey AC Decision: See (4) below Catchwords: MODIFICATION APPLICATION: Additional external stairs to private open space area in residential flat building, amenity, visual/acoustic privacy, conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Atelier One Pty Ltd Applicant) Ryde City Council (Respondent) Representation: Solicitors: Mr G Christmas, Apex Planning & Environment Law (Applicant) Mr B Stephen, City of Ryde Council (Respondent) File Number(s): 2016/169103 Publication restriction: No

Judgment 1. COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to "dispose of the proceedings in accordance with the decision". 2. The Court Act also required me to "set out in writing the terms of the decision" (s 34(3)(b)). The orders made to give effect to the agreement constitute that document. 3. In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties. 4. The final orders to give effect to the parties' agreement under s34(3) of the Land and Environment Court Act 1979 are: 1. The appeal is upheld. 2. Modification application No. MOD2016/0031 lodged with the Respondent on 25 February 2016 to modify Development Consent No. LDA 2013/0260 granted by the Respondent on 26 June 2014 for the demolition of all buildings, construction of 5 residential flat buildings comprising 179 dwelling and basement parking for 218 vehicles at 1-9 Allengrove Crescent, 116A-122B Epping Road and 259-263 Lane Cove Road, North Ryde is determined by approving the modifications as set out in Annexure "A". 3. As a consequence of paragraph 2.2, Development Consent No. LDA No. 2013/0260 is now subject to the consolidated, modified conditions of development consent as set out in Annexure "B". ……………. Acting Commissioner Hussey 169103.16 Hussey (C) - Annexure A (2.55 MB, pdf) 169103.16 Hussey (C) - Annexure B (1.06 MB, pdf) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 28 September 2016